Law:

Section:

(a) Punjab Consolidation of Holdings Act (IV of 1936), S. 11 read with Punjab Land Revenue Act (X VII of 1887), S. 122-Jurisdiction of civil Court to grant possession of hold­ing allotted to plaintiff not barred even if the suit is brought within 3 years of final scheme-Punjab Land Revenue Act (XVII of 1887), S. 158. There is nothing in the Consolidation of Holdings Act to bar jurisdiction of civil Court to grant possession of holdings allotted to the plaintiff even if the suit is brought within three years of the final scheme. Section 11 of the Consolidation of Holdings Act does not make the provisions of section 122, or of any other section, of the Punjab Land Revenue Act (XVII of 1887) applicable en blec to the proceedings for delivery of possession of hold­ings allotted to a party under the scheme of consolidition. There is, therefore, no warrant for the contention that the Consolidation Officer is also bound to deliver possession with­in three years of the final scheme. On the contrary he is given the discretion to put the allottees in possession "from such date as he may deem expedient." Section 158 of Act XVII of 1887 has no application to the powers exercised under Act IV of 1936. The plaintiff in this case, moreover, was not asking, nor could he have asked, the Consolidation Officer to put him in possession of the holdings allotted to him under the scheme of consolidation. This was the usual suit for possession against a trespasser. Gurdit Singh v. Labh Singh 63 PR 1894 inapplicable. (b) Adverse possession---Submerged land---Possession of trespasser interrupted for periods of submersion. Adverse possession must be continuous, actual and visible. If the land adversely possessed was submerged in water, the period of submersion breaks the continuity of possession. In such a case constructive possession could not be attributed to the trespasser ; such possession in fact reverted to the title­holder. No presumption ragarding possession can be made in favour of a squatter and therefore constructive possession, which is a concomitant of the fundamental right alone, cannot be imputed to him. His possessive in order to be adverse must, inter alia, be actual and…

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